Article 22.--CODE OF MILITARY JUSTICE; APPREHENSION AND RESTRAINT
48-2203.(KCMJ Art. 9) Imposition of restraint.(a) Arrest is the restraint of a person by an order, not imposed as apunishment for an offense, directing the person to remain within certainspecified limits. Confinement is the physical restraint of a person.
(b) An enlisted member may be ordered into arrest or confinement by anycommissioned officer by an order, oral or written, delivered in person orthrough other persons subject to this code or through any person authorizedby this code to apprehend persons. A commanding officer may authorizewarrant officers or noncommissioned officers to order enlisted members ofsuch officers' command or subject tosuch officers' authority into arrest or confinement.
(c) A commissioned officer or warrant officer may be orderedapprehended or into arrest orconfinement only by a commanding officer to whose authoritysuch commissioned officer or warrant officer issubject, by an order, oral or written, delivered in person or by acommissioned officer. The authority to order such persons apprehended orinto arrest or confinement may not be delegated.
(d) No person may be ordered apprehended or into arrest or confinementexcept for probable cause.
(e) This section does not limit the authority of persons authorized toapprehend offenders to secure the custody of an alleged offender untilproper authority may be notified.
History: L. 1972, ch. 203, § 48-2203;L. 1988, ch. 191, § 5; July 1.
Article 22.--CODE OF MILITARY JUSTICE; APPREHENSION AND RESTRAINT
48-2203.(KCMJ Art. 9) Imposition of restraint.(a) Arrest is the restraint of a person by an order, not imposed as apunishment for an offense, directing the person to remain within certainspecified limits. Confinement is the physical restraint of a person.
(b) An enlisted member may be ordered into arrest or confinement by anycommissioned officer by an order, oral or written, delivered in person orthrough other persons subject to this code or through any person authorizedby this code to apprehend persons. A commanding officer may authorizewarrant officers or noncommissioned officers to order enlisted members ofsuch officers' command or subject tosuch officers' authority into arrest or confinement.
(c) A commissioned officer or warrant officer may be orderedapprehended or into arrest orconfinement only by a commanding officer to whose authoritysuch commissioned officer or warrant officer issubject, by an order, oral or written, delivered in person or by acommissioned officer. The authority to order such persons apprehended orinto arrest or confinement may not be delegated.
(d) No person may be ordered apprehended or into arrest or confinementexcept for probable cause.
(e) This section does not limit the authority of persons authorized toapprehend offenders to secure the custody of an alleged offender untilproper authority may be notified.
History: L. 1972, ch. 203, § 48-2203;L. 1988, ch. 191, § 5; July 1.
Article 22.--CODE OF MILITARY JUSTICE; APPREHENSION AND RESTRAINT
48-2203.(KCMJ Art. 9) Imposition of restraint.(a) Arrest is the restraint of a person by an order, not imposed as apunishment for an offense, directing the person to remain within certainspecified limits. Confinement is the physical restraint of a person.
(b) An enlisted member may be ordered into arrest or confinement by anycommissioned officer by an order, oral or written, delivered in person orthrough other persons subject to this code or through any person authorizedby this code to apprehend persons. A commanding officer may authorizewarrant officers or noncommissioned officers to order enlisted members ofsuch officers' command or subject tosuch officers' authority into arrest or confinement.
(c) A commissioned officer or warrant officer may be orderedapprehended or into arrest orconfinement only by a commanding officer to whose authoritysuch commissioned officer or warrant officer issubject, by an order, oral or written, delivered in person or by acommissioned officer. The authority to order such persons apprehended orinto arrest or confinement may not be delegated.
(d) No person may be ordered apprehended or into arrest or confinementexcept for probable cause.
(e) This section does not limit the authority of persons authorized toapprehend offenders to secure the custody of an alleged offender untilproper authority may be notified.
History: L. 1972, ch. 203, § 48-2203;L. 1988, ch. 191, § 5; July 1.
